Check Your Agreement To Avoid Joint Tenancy Pitfalls

• Published date: 01 March 2022
• Law Firm: Shepherd and Wedderburn LLP
• Author: Mr Hamish Lean

In my previous article on this topic, I discussed the difficulties that can arise where a partnership holds an agricultural tenancy and there is a change in the constitution of the partnership.

In some instances, that might lead to the end of the tenancy itself, as a partnership is a separate legal person in Scots law; separate from the individual partners within the partnership.

I had a number of telephone calls afterwards from people who were concerned about their own situation. They were worried that they might hold their farm tenancy by virtue of a partnership and that the tenancy might be at risk if a...